Agreement between the owner and his family members

13.02.2013

Agreements for the free use of an apartment, house, room, drawn up by the lawyers of Correct Rent Development of an individual agreement for free use, drawn up taking into account all your wishes

This type of agreement is often mistakenly called a “free rental agreement” or “free rental agreement,” meaning something like a free rental of residential premises.

The correct name for this form of agreement is a free use agreement. As the name suggests, when you provide your apartment for free use , you officially do not receive any payment for it.

The relations arising between the parties under such an agreement are regulated by Chapter. 36 Civil Code of the Russian Federation

.
The parties themselves are called the lender
(the one who “rents” the apartment) and
the borrower
(the one who “rents”) (
clause 1 of Article 689 of the Civil Code of the Russian Federation
).

Please note that “free” only applies to living in an apartment. The agreement for gratuitous use may include the borrower's obligations to pay utility bills and incur other expenses for maintaining the apartment in proper condition. Because of these conditions, a gratuitous use agreement cannot be reclassified as a lease or rental agreement.

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between the owner and his family members

_________________________ “___”_______________ _____
_______________________________, hereinafter referred to as the owner, on the one hand, and _________________________________, ________________________________________, ___________________________, hereinafter referred to as family members of the owner, on the other hand, collectively referred to as the Parties, have drawn up this agreement as follows:

1. ______________ is the owner of the residential premises located at the address: ________________, on the basis of ________________________.

2. ________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by _________________.

3. ___________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by ________________________.

4. _______________________ is in accordance with Art. 31 of the Housing Code of the Russian Federation by a member of the owner’s family, namely ________________, which is confirmed by ______________________.

5. Part 2. Art. 31 of the Housing Code of the Russian Federation gives the Parties the right to enter into an agreement on the procedure for exercising the right to use residential premises.

Based on the above article, the Parties have agreed on the following:

___________________________________________________________________________

___________________________________________________________________________

__________________________________________________________________________.

Details and signatures:

Owner:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Owner's family member - ___________________________:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Owner __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Owner's family member - _____________ __________________________

(signature)

Download the document “Agreement between the owner and his family members”

Other rights and obligations of the parties under the agreement for the free use of housing

As mentioned above, according to the content of the article in Chap. 36 Civil Code of the Russian Federation

similar to the articles contained in
Chap.
34 of the Civil Code of the Russian Federation (
Rent
).

As under a lease agreement, under a gratuitous use agreement the lender is obliged to provide the apartment in a condition that complies with the terms of the agreement. ( Clause 1, Article 691 of the Civil Code of the Russian Federation

).
In case of failure to provide an apartment, the borrower has the right to demand termination of the contract and compensation for damage incurred ( Article 691 of the Civil Code of the Russian Federation
).

Also, the lender is responsible for defects in the apartment that were not specified when concluding the agreement ( clause 1 of Article 693 of the Civil Code of the Russian Federation

).
Therefore, drawing up an act of acceptance and transfer of an apartment will not be superfluous when concluding a contract for free use. This document should describe both the condition of the apartment itself and all the property located in it. The lender is not responsible for the specified defects in the property ( Clause 3, Article 693 of the Civil Code of the Russian Federation
).

The borrower's responsibility is to maintain the apartment in proper condition, carry out routine and major repairs and pay all expenses for operating the apartment. Note that the contract may also stipulate a different procedure for distributing expenses for maintaining the apartment ( Article 695 of the Civil Code of the Russian Federation

).

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Cases of application of a free use agreement

In practice, such an agreement can be used for living in the apartment of relatives or friends

. That is, in cases where no fee is charged for accommodation, but there is a need to document the relationship, for example, to register residents. Also, the conclusion of such an agreement eliminates questions that the apartment is being rented out illegally.

We strongly do not recommend using a free use agreement when in reality there is a lease or lease, that is, the landlord receives payment for the apartment provided. This carries significant risks for the renter himself. According to the “apartment rental agreement for free”, he has no legal grounds to demand payment for the provision of premises!

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Registration agreement without right of residence

The current legislation does not provide for a special form for this type of agreement. In accordance with Federal Law No. 36, adopted in 2013, the registration of citizens must correspond to their actual place of residence. According to this regulation, if a fictitious registration is discovered, it is canceled. In practice, there are cases when the owners of residential real estate register citizens in it and enter into an agreement limiting the right to live in this living space, but this is not correct from the point of view of legislation.

A mortgage with state support, what it is and what conditions you need to know about this type of lending, see the link.

How to find out the cadastral value of your property?

Do you know that before buying an apartment you must check it? Read our material on how to do this correctly.

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Owner's consent to registration: sample filling and nuances when drawing up

The document can be handwritten or printed, it is not particularly important. The owner of the property must indicate:

• your personal data;
• information about the applicant who will live in the living space;
• address of the apartment where the applicant will be registered;
• consent to register a person;
• date;
• personal signature.

The document is drawn up in the name of the head of the local passport office. You also need to clarify what type of registration is required.

IMPORTANT: If the registration is temporary, then you should indicate the period for which the person is allowed to be registered.

.

.

Sample application for temporary registration at the place of residence.

Can an owner write out a registered person without his consent – ​​Civil Lawyer

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